SF 445

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to occupations and professions; modifying provisions for individuals
operating x-ray equipment; appropriating money; amending Minnesota Statutes
2006, section 144.121, subdivision 5, by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to read:

Subd. 5.

Examination for individual operating x-ray equipment.

deleted text begin After January
1, 1997, an individual in a facility with x-ray equipment for use on humans that is
registered under subdivision 1 may not operate, nor may the facility allow the individual
to operate, x-ray equipment unless the individual has passed an examination approved
by the commissioner of health, or an examination determined to the satisfaction of the
commissioner of health to be an equivalent national, state, or regional examination,
that demonstrates the individual's knowledge of basic radiation safety, proper use of
x-ray equipment, darkroom and film processing, and quality assurance procedures. The
commissioner shall establish by rule criteria for the approval of examinations required
for an individual operating an x-ray machine in Minnesota deleted text end new text begin (a) After January 1, 2008, an
individual in a facility with x-ray equipment for use on humans that is registered under
subdivision 1 may not operate, nor may the facility allow the individual to operate, x-ray
equipment unless the individual has passed a national examination for limited x-ray
machine operators that meets the requirements of paragraphs (b) and (c) and is approved
by the commissioner of health.
new text end

new text begin (b) The commissioner shall establish criteria for the approval of examinations
based on national standards, such as the examination in radiography from the American
Registry of Radiologic Technologists, the examination for limited scope of practice in
radiography from the American Registry of Radiologic Technologists for limited x-ray
machine operators, and the American Registry of Chiropractic Radiography Technologists
for limited radiography in spines and extremities; or equivalent examinations approved
by other states. Equivalent examinations may be approved by the commissioner, if
the examination is consistent with the standards for educational and psychological
testing as recommended by the American Education Research Association, the American
Psychological Association, the National Council on Measurement in Education, or the
National Commission for Certifying Agencies. The organization proposing the use of an
equivalent examination shall submit a fee to the commissioner of $1,000 per examination
to cover the cost of determining the extent to which the examination meets the examining
standards. The collected fee shall be deposited in the state treasury and credited to the
state government special revenue fund new text end .

new text begin (c) The examination for limited x-ray machine operators must include:
new text end

new text begin (1) radiation protection, equipment maintenance and operation, image production
and evaluation, and patient care and management; and
new text end

new text begin (2) at least one of the following regions of the human anatomy: chest, extremities,
skull and sinus, spine, or ankle and foot. The examinations must include the anatomy of,
and positioning for, the specific regions.
new text end

new text begin (d) A limited x-ray operator who is required to take an examination under this
subdivision must submit to the commissioner an application for the examination, a $25
processing fee, and the required examination fee set by the national organization offering
the examination. The processing fee and the examination fee shall be deposited in the state
treasury and credited to the state government special revenue fund. The commissioner
shall submit the fee to the national organization providing the examination.
new text end

Sec. 2.

Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Limited x-ray machine operator practice. new text end

new text begin (a) A limited x-ray operator
may only practice medical radiography on limited regions of the human anatomy for
which the operator has successfully passed an examination identified in subdivision 5,
unless the operator meets one of the exemptions described in paragraph (b). The operator
may practice using only routine radiographic procedures, for the interpretation by and
under the direction of a licensed practitioner, excluding computed tomography, the use of
contrast media, and the use of fluoroscopic or mammographic equipment.
new text end

new text begin (b) This subdivision does not apply to:
new text end

new text begin (1) limited x-ray machine operators who passed the examination that was required
before January 1, 2008;
new text end

new text begin (2) certified radiologic technologists, licensed dental hygienists, registered dental
assistants, certified registered nurse anesthetists, and registered physician assistants;
new text end

new text begin (3) individuals who are licensed in Minnesota to practice medicine, osteopathy,
chiropractic, podiatry, or dentistry; and
new text end

new text begin (4) individuals who are participating in a training course in any of the occupations
listed in clause (2) or (3) for the duration and within the scope of the training course.
new text end

Sec. 3.

Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Variance of scope of practice. new text end

new text begin The commissioner may grant a variance
according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of
practice of an x-ray operator in cases where the delivery of health care would otherwise be
compromised if a variance were not granted. The request for a variance must be in writing,
state the circumstances that constitute hardship, state the period of time the facility wishes
to have the variance for the scope of practice in place, and state the alternative measures
that will be taken if the variance is granted. The commissioner shall set forth in writing
the reasons for granting or denying the variance. Variances granted by the commissioner
specify in writing the time limitation and required alternative measures to be taken
by the facility. A request for the variance shall be denied if the commissioner finds the
circumstances stated by the facility do not support a claim of hardship, the requested time
period for the variance is unreasonable, the alternative measures proposed by the facility
are not equivalent to the scope of practice, or the request for the variance is not submitted
to the commissioner in a timely manner.
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin $10,000 is appropriated in fiscal year 2008 and $5,000 is appropriated in fiscal year
2009 from the state government special revenue fund to the commissioner of health for the
purpose of the examination procedures for individuals operating x-ray equipment.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective January 1, 2008.
new text end